How to File for a Divorce

Preparing for the divorce process can feel like an overwhelming task. There are a lot of things to consider before you turn the page on one chapter in your life to start the next. Commonly people come to us asking us “how to file for a divorce” and what the necessary steps are in the state of Florida. We’ve outlined the three most common things to keep in mind as you’re preparing for this process and seeking out a divorce attorney. While these are general steps, keep in mind that each circuit in Florida may have specific requirements depending on the county.

Getting the Process Started

Once you have made the decision to file for divorce, the first step in the process is to seek the assistance of an attorney in drafting a petition for dissolution of marriage. Either you or your spouse may file the petition. Florida is a “no fault” state, meaning that all you must allege in the petition is that the marriage is irretrievably broken. That petition will get filed with the circuit court in the county where you and your spouse last resided or where either party resides. The petition must be personally served on your spouse, who then must answer the petition within 20 days.

Required Disclosures

Since divorce proceedings almost always involve the division of assets, spousal support, and/or child support, each parties’ finances are extremely important to reaching a final disposition. Florida rules require that, within 45 days of service of the petition, each party must automatically provide certain financial information and documents to the other party as delineated by the rule, including a form called a “financial affidavit” that lists the income, expenses, assets, and liabilities of each party.

These are very broad brushstrokes on how to file for a divorce in Florida. At Greene & Greene, it is our mission to provide superior legal representation, service and value to our clients. Our attorneys are all experienced litigators who handle your case personally. If you are interested in engaging our firm, consultations are scheduled as needed and we are happy to accommodate your business and personal calendars.